SECTION 35
ANTENNAS AND TOWERS
Section:
515-35-1
515-35-2
515-35-3
515-35-4
515-35-5
515-35-6
515-35-7
515-35-8
Purpose and Intent
General Standards
Certification, Inspection and Maintenance
Tower Design
Co-Location Requirement
Accessory Antennas
Personal Wireless Service Antennas
Commercial and Public Radio and Television Transmitting Antennas, and
Public Utility Microwave Antennas
515-35-1:
Purpose and Intent. The purpose of this Section is to establish predictable and
balanced regulations for the location and screening of wireless communications equipment in
order to accommodate the growth of wireless communication systems within the City of
Brainerd while protecting the public against any adverse impacts on the City’s aesthetic
resources and the public welfare. The provisions of the Section are intended to maximize the use
of existing towers, structures, and buildings to accommodate new wireless telecommunication
antennas in order to minimize the number of towers needed to serve the community.
515-35-2:
General Standards. The following standards shall apply to all personal wireless
service telephone, public utility, microwave, radio and television broadcast transmitting, radio
and television receiving, satellite dish and short-wave radio transmitting and receiving antenna.
A.
All obsolete and unused antennas and towers shall be removed within twelve (12) months
of cessation of operation at the site by the antenna or tower owner, unless an exemption
is granted by City staff. A copy of the relevant portions of a signed lease which requires
the applicant to remove the tower and associate facilities when they are abandoned,
unused or become hazardous shall be submitted to the City.
B.
All antennas and towers shall be in compliance with all State Building and Electrical
Code requirements and as applicable shall require related permits. Applications to erect
new antennas and/or towers shall be accompanied by any required Federal, State, or local
agency licenses.
C.
Structural design, mounting and installation of the antenna shall be in compliance with
manufacturer’s specifications and as may be necessary, as determined by the City
Engineer, shall be verified and approved by a professional engineer.
D.
When applicable, written authorization for antenna and/or tower erection shall be
provided by the property owner.
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E.
No message shall be affixed to the antenna and/or tower structure.
F.
Antennas and/or towers shall not be artificially illuminated unless required by law or by a
governmental agency to protect the public’s health and safety.
G.
If a new tower of seventy-five (75) feet or greater in height is to be constructed, it shall
be designed structurally, electrically, and in all respects, to accommodate both the
applicant’s antennas and antennas for at least one (1) additional use, including but not
limited to other personal wireless service communication companies, local police, fire
and ambulance companies. Towers shall be designed to allow for future rearrangement of
antennas upon the tower and to accept antennas mounted at varying heights.
H.
Towers shall be painted a non-contrasting color consistent with the surrounding area such
as blue, gray, brown, or silver or have a galvanized finish to reduce visual impact, unless
otherwise required by a governmental agency.
I.
All antennas and towers shall be reasonably posted and secured to protect against
trespass, including appropriate measures to prevent unauthorized persons from climbing
any tower.
J.
Towers shall comply with all applicable Federal Aviation Administration (FAA)
regulations.
K.
Amateur radio towers shall be installed in accordance with the instructions furnished by
the manufacturer of that tower model. Because of the experimental nature of the amateur
radio service, antennas mounted on such a tower may be modified or changed at any time
so long as the published allowable load on the tower is not exceeded and the structure of
the tower remains in accordance with the manufacturer’s specifications.
L.
Except as may be applicable in case where a Conditional Use Permit is required,
antennas and support structures for federally licensed amateur radio stations and used in
the amateur radio service shall be exempt from the following: Section 515-35-2.H,
Section 515-35-4 and Section 515-35-5.
515-35-3:
Certification, Inspection and Maintenance.
A.
All towers, antenna support structures, and related equipment or structures shall be kept
and maintained in good condition, order, and repair so as not to menace or endanger the
life or property of any person.
B.
All towers shall be certified by an engineer to be structurally sound and in conformance
with the requirements of the State Building Code and Federal and State law.
C.
The City shall have authority to enter onto the property upon which a tower is located to
inspect the tower for the purpose of determining whether it complies with the State
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Building Code and all other construction standards provided by the City’s Code, Federal
and State law. The City reserves the right to conduct such inspections at any time, upon
reasonable notice to the owner. All expenses related to such inspecting by the City shall
be borne by the owner.
515-35-4:
Tower Design. Where allowed, wireless communication towers shall be of a
monopole design unless the City Council determines that an alternative design requested by the
applicant would better blend into the surrounding environment.
515-35-5:
Co-Location Requirement. An application for a new tower shall not be approved
unless the applicant demonstrates that the antennas cannot be accompanied on an existing or
approved tower, building, or structure within a two (2) mile search radius of the proposed tower
due to one (1) or more of the following reasons:
A.
The planned equipment would exceed the structural capacity of the existing or approved
tower, building, or structure as documented by a qualified and licensed professional
engineer, and the existing or approved tower cannot be reinforced, modified, or replaced
to accommodate planned or equivalent equipment at a reasonable cost.
B.
The planned equipment would cause interference materially impacting the usability of
other existing or planned equipment at the tower or building as documented by a
qualified engineer and interference cannot be prevented at a reasonable cost.
C.
Other unforeseen reasons that make it unfeasible to locate the antennas upon an existing
or approved tower or structure.
D.
Existing or approved towers, buildings, or other structures do not exist in the search area,
or do not meet the needs of the user. Documentation shall be provided at the time of
application clearly demonstrating why existing structures do not meet the needs to the
users.
E.
The applicant shall demonstrate that Section 515-35-5.A through 515-35-5.D of this
Ordinance were attempted, but an agreement could not be reached.
515-35-6:
Accessory Antennas. The following standards shall apply to all accessory
antennas including radio and television receiving antennas, satellite dishes, TV Receive Only
(TVRO) three (3) meters or less in diameter, short-wave radio dispatching antennas, or those
necessary for the operation of electronic equipment including radio receivers, ham radio
transmitters and television receivers.
A.
Accessory antennas shall not be erected in any required yard (except a rear yard) or
within public or private utility and drainage easements, and shall be set back a minimum
of five (5) feet from all lot lines.
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B.
Guy wires or guy wire anchors shall not be erected within public or private utility and
drainage easements, and shall be set back a minimum of one (1) foot from all lot lines.
C.
Accessory antennas and necessary support structures, monopoles or towers may extend a
maximum of fifteen (15) feet above the normal height restriction for the affected zoning
district, except support structures and antennas used in the amateur radio service may
extend a maximum of two (2) times the normal height restriction for the affected zoning
district.
515-35-7:
A.
Personal Wireless Service Antennas.
Residential and Commercial District Standards.
1.
Antennas Located Upon an Existing Tower or Structure. Personal wireless service
antennas as a permitted secondary use may be located upon existing towers or
structures shall require the processing of an Administrative Permit and shall
comply with the following standards:
a.
Transmitting, receiving and switching equipment shall be housed within
an existing structure whenever possible. If a new equipment building or
cabinet is necessary for transmitting, receiving and switching equipment,
it shall be situated in the side or rear yard of the principal use, meet all
applicable accessory building setback requirements, and shall be screened
from view by landscaping where appropriate.
b.
An Administrative Permit is issued by City staff, subject to the following
conditions:
c.
2.
1)
Antennas mounted on buildings or structures shall not extend more
than fifteen (15) feet above the structural height of the building or
structure to which they are attached.
2)
Wall or façade mounted antennas may not extend more than five
(5) feet above the cornice line and shall be constructed of a
material or color which matches the exterior of the building.
In no case shall a personal wireless service antenna be located upon or
affixed to a detached single family residential dwelling.
New Towers. The erection of new personal wireless service antenna towers within
Residential and Commercial Zoning Districts of the City is prohibited.
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B.
Industrial District Standards.
1.
2.
Antennas Located Upon an Existing Structure or Existing Tower. Personal
wireless service telephone antennas as a permitted secondary use may be located
upon an existing structure or collocated on an existing tower shall require the
processing of an Administrative Permit and shall comply with the following
standards:
a.
An Administrative Permit is issued by City staff.
b.
Antennas mounted on buildings or structures shall not extend more than
fifteen (15) feet above the structural height of the building or structure to
which they are attached.
c.
Wall or façade mounted antennas may not extend more than five (5) feet
above the cornice line and must be constructed of a material or color
which matches the exterior of the building.
New Towers. New towers as a permitted secondary use shall require approval of
an Administrative Permit and shall comply with the following standards:
a.
The applicant shall demonstrate to the satisfaction of the City that location
of the antennas as proposed is necessary to provide adequate portable
personal wireless service telephone coverage and capacity to areas which
cannot be adequately served by locating the antennas on an existing tower
or support structure.
b.
If no existing structure which meets the height requirements for the
antennas is available for mounting purposes, the antennas may be mounted
on a monopole tower provided that:
1)
Towers with a maximum capacity to support two (2) antennas
shall not exceed one hundred forty (140) feet in height. Towers
with a minimum capacity to support three (3) antennas shall not
exceed one hundred sixty (160) feet in height.
2)
The setback of the tower from the nearest property line is not less
than the height of the antenna. Exceptions to such setback may be
granted in such cases when a qualified structural engineer specifies
in writing that any failure of the pole will occur within a lesser
distance under all foreseeable circumstances. The setback shall not
be reduced in cases where the subject site abuts a residential
zoning district. The setback requirements shall not be reduced
below the minimum accessory building setback requirements of
the base zoning district or the failure area of the tower, whichever
is greater.
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3.
c.
Transmitting, receiving and switching equipment shall be housed within
an existing structure whenever possible. If a new equipment building or
cabinet is necessary for transmitting, receiving and switching equipment,
it shall be situated in the side or rear yard of the principal use, meet all
applicable necessary building setback requirements, and shall be screened
from view by landscaping where appropriate.
d.
At the discretion of the City, a security fence not greater than eight (8) feet
in height with a maximum opacity of fifty (50) percent shall be provided
around the support structure, as well as no climb security measures shall
be provided on the tower or support structure.
Temporary Mobile Towers. Personal wireless service antennas located upon a
temporary mobile tower as a permitted secondary use may be used on an interim
basis until a permanent site is constructed shall require the approval of an
Administrative Permit and shall comply with the following standards:
a.
Temporary mobile towers are exempt from co-location and permanent
tower structure design standards provided for in the following sections:
Section 515-35-2.h; Section 515-35-2.i; Section 515-35-4 and Section
515-35-5.
b.
The termination date of the permit shall not exceed one hundred twenty
(120) days. Temporary mobile towers located on a site longer than one
hundred twenty (120) days shall require the processing of an Interim Use
Permit subject to the standards contained in Section 6.
c.
Guyed towers are prohibited.
d.
Mobile units shall have a minimum tower design wind load of eighty (80)
miles per hour, or be set back from all structures a distance equal to the
height of the tower.
e.
All towers shall be protected against unauthorized climbing.
f.
The height of the tower shall not exceed one hundred (100) feet.
515-35-8:
Commercial and Public Radio and Television Transmitting Antennas, and
Public Utility Microwave Antennas. Commercial and public radio and television transmitting
and public utility microwave antennas shall comply with the following standards:
A.
Such antenna shall be considered an allowed conditional use within all industrial districts
of the City and shall be subject to the regulations and requirements of Section 5 of this
Ordinance.
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B.
The antennas, transmitting towers, or array of towers shall be located on a continuous
parcel having a dimension equal to the height of the antenna, transmitting tower, or array
of towers measured between the base of the antenna or tower located nearest a property
line and said property line, unless a qualified structural engineer specifies in writing that
the collapse of any antenna or tower will occur within a lesser distance under all
foreseeable circumstances.
C.
Unless the antenna is mounted on an existing structure, at the discretion of the City, a
fence not greater than eight (8) feet in height with a maximum opacity of fifty (50)
percent shall be provided around the support structure and other equipment, as well as no
climb security measures shall be provided on the tower or structure.
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